Publicizing Contract Actions

(FAR Part 5)

Why Publicize?Why Publicize?

Contracting Officers (CO) must publicize proposed contract actions in order to: Increase competition Broaden industry participation Assist socioeconomic concerns in obtaining

contracts and subcontracts

Before we go any further, we need to mention the electronic tools that are used to publicize actions and exchange information with industry…

Government Industry

GPE – FedBizOpps ASFI

FedBid

GPE

The Government-wide Point of Entry (GPE) is the single point where Government business opportunities greater than $25K can be accessed electronically by the public

For all of Federal contracting, the GPE is located at http://www.fedbizopps.gov

Please note, however, that the Army uses other systems as well that “talk” to FedBizOpps ASFI FedBid

ASFI

Army Single Face to Industry (ASFI) is the Army’s portal for posting business opportunities

Website is https://acquisition.army.mil/asfi/ ASFI has a tool that allows us to post a

synopsis to FedBizOpps, thus meeting the GPE requirement

ASFI is also used to post solicitations and even has the capability to receive electronic quotes from the contractors

FedBid

FedBid is an electronic system that is used to conduct “reverse auctions” System is hosted by a contractor (GSA awarded

the contract and we are authorized users) Reverse auctions allow us to post requirements

online and vendors submit decreasing bids, with the sale going to the bidder that meets or exceeds the best value requirements, usually based on price

We primarily use FedBid for supply purchases Website is www.fedbid.com

Now back to FAR Part 5…

Requirements for Disseminating Info

COs are required to disseminate information on proposed contract actions as follows (FAR 5.101): Actions exceeding $25K must be synopsized in

FedBizOpps (the GPE) Actions exceeding $10K, but less than $25K, should

be displayed in a public place Can display a notice or a copy of the solicitation GPE can be used instead of the display approach Some exceptions apply [FAR 5.101(a)(2)(ii)]

We’ll talk about exceptions later!

Other Options for Releasing Info

The posting requirements listed on the previous slide are mandatory

There are additional methods of sharing information that we can consider Periodic handouts listing proposed contracts Communication with local trade associations No-cost announcements in newspapers, trade

journals, magazines, or other media Paid advertisements in newspapers or other

media (some limitations apply)

SynopsisWhat is a synopsis?

Brief summary of the proposed action Should give a vendor enough information to decide

whether or not he wants to see the solicitation As mentioned earlier, a synopsis is required for

any action exceeding $25K Requirement includes modifications to existing contracts

for additional supplies or services exceeding $25KIf advantageous, the Government can choose to

synopsize an action of any amountSynopses are very important because they help

contractors identify business opportunitiesFedBizOpps makes life easier for contractors by

giving them one spot to search all Federal contracting opportunities

We’re about to cover the exceptions!

Exceptions to Synopsizing

The synopsis cannot be worded to preclude disclosure of classified information that would compromise national security (the fact that an action involves classified information does not, in itself, justify this exception)

Unusual and compelling urgency exists and we don’t have time to synopsize (must establish risk of serious injury to the government)

A foreign government is funding the action and has specified a source

The action is authorized or specified by statute to be made through another Government agency, e.g. 8(a) and Ability One Program (more to come on these later)

The proposed action is for utility services other than telecommunication services and only one source is available

The proposed action is an order under an existing contract The proposed action results from a proposal under the

Small Business Innovation Development Act The proposed actions resulted from a unique and

innovative unsolicited proposal

See FAR 5.202(a) – Commonly used exceptions are highlighted in red

Exceptions to Synopsizing, cont.

The proposed action involves perishables and advance notice is not reasonable

The proposed action is for brand name commercial items for authorized resale in commissaries (e.g. Coca Cola, Kellogg’s, etc.)

The proposed action is made under the current terms of an existing contract that was previously synopsized (e.g. exercising an option under an existing contract)

The proposed action will be made and performed outside the US an only local sources will be solicited

The proposed action is for an amount not expected to exceed the simplified acquisition threshold (currently $150K) and the solicitation will made through a means that provides notice through the GPE and allows vendors to respond electronically

The proposed action is for the services of an expert that will support the Government in litigation or dispute

The Head of the Agency determines in writing that a synopsis is not appropriate or reasonable (requires consultation with other parties)

Content of a Synopsis

A synopsis includes information such as (FAR 5.207): Name and address of the contracting office Solicitation number Opening and closing date of the forthcoming solicitation Classification code Point of contact (CO information) Place of performance Clear and concise description of the supplies or services to

be acquired (includes part number, quantity, delivery date or performance period, etc.)

If non-competitive, identification of the intended source and statement of the reason competition is not sought

A statement that “All responsible sources may submit a bid, proposal, or quote which shall be considered by the agency”

Numbered notes as appropriate, which have assigned meanings and identify aspects such as “100% small business set-aside”

There

are 29!

Solicitations

What is a solicitation? The comprehensive document that contains all

of the information needed for the vendor to submit an offer, including specifications, terms and conditions

Called a “Request for Quote” (RFQ) when using simplified acquisition procedures (FAR Part 13)

Called an “Invitation for Bid” (IFB) when using sealed bid procedures (FAR Part 14)

Called a “Request for Proposal” (RFP) when using negotiated procedures (FAR Part 15)

Solicitations, cont.

The CO should release solicitations through the GPE if the action was synopsized through the GPE (FAR 5.102) Some exceptions to the GPE apply, to include reasons of

national security or issues surrounding the size of the files

The solicitation should include specifications, technical data, and other pertinent information

If the GPE is not used, we should use other electronic means to the greatest extent possible, e.g. e-mail or CDs

Notwithstanding use of GPE or other electronic means, we must furnish solicitations to small business concerns upon request

Response Times

With the exception of commercial items and simplified acquisitions, the FAR tells us how long synopses and solicitations must be posted before we progress to the next step of the acquisition

We can assume the “publication date” in the GPE to be one day after we submit the synopsis or solicitation, unless we have evidence to the contrary

Response Times, cont.

Synopsis

Solicitatio

n

Proposal

15 Days

30 Days

FAR 5.203

These are the minimums. You can allow additional time as needed for a specific acquisition.

Response Times, cont.

For commercial item actions, the CO may: Establish a shorter period between the synopsis

and the issuance of the solicitation, i.e. <15 days Establish a shorter period between the

solicitation and proposal due date, i.e. <30 days Utilize a combined synopsis/solicitation (we’ll

learn about this when we cover FAR Part 12)The FAR does not specify any minimums

for commercial items but does caution us to allow offerors “reasonable opportunity to respond” We should consider circumstances…urgency,

complexity, availability, etc.

Response Times, cont.

Remember that simplified actions less than $25K do not have to be synopsized if you are releasing the RFQ to the GPE

The FAR does not establish a minimum posting time for these RFQs

Again, we should allow offerors “reasonable opportunity to respond”

Note that the vast majority of simplified acquisitions are executed for commercial items, but it is possible for a simplified acquisition to be non-commercial

Subcontracting Opportunities

Most large contracts involve the use of subcontractors

Though our relationship is directly with the prime, we want the prime to utilize small businesses and other socioeconomic concerns to the maximum extent possible for their subcontracting needs

To assist in locating “subs,” prime contractors with contracts exceeding $100K can use the GPE by submitting a notice for business opportunities Subs or suppliers at any tier can also use the GPE See FAR 5.206

Of course, most large contractors have well established networks in place

Publicizing Contract Awards

To promote subcontracting opportunities, the CO must release a synopsis to announce a contract award over $25K if the award of subcontracts is likely (FAR 5.301) Some exceptions apply, including orders against

existing contracts and simplified acquisitions that were conducted through the GPE

Publicizing Contract Awards, cont.

COs must also provide a “public announcement” for significant awards (FAR 5.303) Commonly referred to as a “Congressional

notification” For DoD, the threshold is $5.5M For NNSA, the threshold is $4M The agency must release the notice by 5pm

(Washington DC time) on the day of contract award Announcement includes an overview of the

requirement, dollar value, contractor information, funding information, competition information (how many offers received), and point of contact information

QUESTIONS